David Albanese relocated from the US to Costa Rica in mid-1998.  His then girlfriend, Melanie Majewski, joined him in Costa Rica in the latter part of 1999. They returned together to Massachusetts in 2001.

In July of 2003, Cameron was born to David and Melanie, and they all lived together in Fall River for the first five months of Cameron’s life.  By early 2004, the couple’s relationship was very unhealthy and David decided to move back to Costa Rica on the advice of his family who assured him that they would continue to support both Melanie and Cameron.

In mid 2004, the police were called to stop Melanie (who was holding the child at the time) from assaulting her sister.  While DSS was now investigating the situation, Melanie overdosed and went into a drug induced seizure while the child was still in her care. Melanie tested positive for both Cocaine and THC.

Cameron was then placed in the care of his paternal grandmother for approximately one year. During this time, David returned from Costa Rica each month to spend time with his son. He was also working with DSS, taking parenting classes and paying for and taking drug tests to prove that he was clean.  In December of 2005, David was missing Cameron and purchased two airline tickets in order for Melanie to bring Cameron out to Costa Rica to be with him.

In mid 2006, Melanie was living with her mother. The mother was unhappy with the fact that Melanie was not taking proper care of Cameron, and when further incidents led her to believe that Melanie was still using drugs, she forced her to leave the house.  The mother then called DSS, who began yet another investigation, as they were again concerned about Cameron’s safety and well being.

At this point in time, Melanie assured them that Cameron would no longer be in her care.  She told DSS that Cameron’s father, David, would now have custody of him.

Melanie signed and notarized a letter permitting David to return to Costa Rica with Cameron. At that time, Melanie was concerned about the investigation and she informed David that she would quit the drugs, get her life together, and find a job.  They came to a verbal agreement that once Melanie was successfully off the drugs, could prove that she was clean, and could hold a job and be financially responsible for herself, then David would provide additional financial assistance and go to Massachusetts with Cameron.

In September of 2006, Melanie allegedly requested that Cameron return to Massachusetts. Because Melanie had not successfully rehabilitated herself, David believed that it was not in the best interest and safety of Cameron to return to Massachusetts. At this point, Melanie then accused David of allegedly kidnapping his own child and filed charges against him.

In mid 2008, David was arrested in Costa Rica for not returning his son to the United States. Unfortunately for David, he was never officially served or made aware of the charges that he was arrested for.

David remained in prison in Costa Rica for approximately 9 months. Per legal advice that he may be able to make some progress in the US and that Cameron would be safe in Costa Rica under his brother’s care, David agreed to be extradited in early 2009.

While waiting for the case to be heard in Superior court, the judge in probate court ordered David to return the child to the US.  However, by this point it was already proven that David did not have the power to bring the child to the states. Since Melanie never returned to Costa Rica to claim her child, the child was considered abandoned and in November of 2008, the courts of Costa Rica had awarded custody of the child to David’s brother, Michael.

On May 31, 2011, after almost three years in jail without speedy due process, David appeared before Superior Court Judge Robert Kane.  David agreed to a plea of not returning his child to the United States in exchange for his freedom.  The sentence would be 15 months, for which he would receive full credit for time served.  Also, the other related criminal charges would be dropped. Case closed.

However, even after this agreement was made, David still remains in jail.  Initially, David’s incarceration was pending an appearance in probate court scheduled for Wednesday, June 8th, where they were expected to answer the charge of contempt for refusing to return the child to Massachusetts.  This is the same charge that Superior Court refused to order, as they acknowledged the fact that David has no legal authority to comply with that order.

On Wednesday afternoon, David was brought into the courtroom without representation. During a conference call between the judge and the two attorneys involved, an evidentiary hearing was scheduled for Monday, June 20th, relative to David's continued ability (inability) to comply with the order of contempt. In the meantime, David remains in jail.

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